Common personal injury scenarios where compensation may be awarded include motor vehicle accidents, slip and fall accidents, and medical malpractice. For instance, when another driver causes a car accident, the driver could be liable for your injuries and damages. However, the at-fault driver or their insurance company might try to blame you for causing the accident.
Don’t try to handle the “blame game” alone because you could lose your right to compensation for damages. Instead, work with an experienced car accident lawyer. An attorney can defend you against unfair allegations of blame to help you receive fair compensation for a car accident claim.
How Will the Insurance Company Try To Blame Me for the Accident?
Insurance adjusters have numerous tricks they use to play the “blame game” in a car accident. Common insurance tricks the adjuster might try to use in your case include:
Obtaining Contradictory Testimony
Most insurance companies call victims on a recorded telephone line. Always ask if you are being recorded when speaking with an insurance adjuster. Do not consent to speak on a recorded line.
The insurance company might ask you questions during a telephone conversation, in person, or during a deposition. The slightest inconsistency in your answers is used to discredit you.
Allowing your personal injury lawyer to handle all communications with the insurance company is best. If you are deposed or testify in court, no recorded or written statements will impeach your testimony.
Ask Leading or Tricky Questions
Insurance adjusters are highly-trained professionals. They know how to ask questions that trick victims into making statements the company can use against them.
For example, the adjuster might ask you to describe the day’s events. They may pressure you for details, such as when you left work.
You state that you left work late because of a busy day. Now, the adjuster claims you were tired when you left work and in a hurry to get home, so you were distracted while driving.
Another common trick is to ask you how you are feeling today. If you say you are feeling fine, then the adjuster twists your words to claim you must not be seriously injured.
Again, allowing your lawyer to deal with the insurance adjuster is best. Instead of answering questions, tell the adjuster to call your personal injury attorney.
Spying On You Via Social Media and Online Content
Insurance companies search online content and social media accounts. Anything you post online could be used as evidence in court. It is best to stop using social media and all other online accounts during your personal injury case.
Blaming You for the Severity of Your Injuries
An insurance company might try to blame you for your injuries. For example, it might claim you failed to seek prompt medical care or follow your doctor’s treatment plan. Therefore, your injuries are more severe than they would have been had you acted reasonably to mitigate damages.
Always seek immediate medical treatment after a car accident. Keep all of your doctor’s appointments and follow your doctor’s orders. Talk with your personal injury lawyer before seeking treatment other than through your doctors or medical facility, such as being treated with acupuncture, massage therapy, or homeopathic therapy.
Why Does It Matter if the Insurance Company Blames Me for a Car Accident?
California is an “at-fault” car insurance state and requires drivers to carry various types of coverage, such as bodily injury liability. New York, for comparison, is one of few states that have “no-fault” insurance coverage requirements. After a crash in a no-fault state, your first claim is to your no-fault insurance provider. However, you could also have a claim against the other driver’s liability insurance coverage. In an at-fault state, you can immediately pursue compensation from the driver who caused the crash.
Regarding claims against the at-fault driver, you must prove that they caused the car accident to recover compensation for damages. Under New York’s comparative fault law, your compensation can be reduced by your percentage of fault. California follows the same type of law.
Therefore, if the liability insurance company can shift some of the blame for the car crash to you, it can reduce its liability for your claim. For example, suppose you are 33% to blame for causing your accident. If so, you are only entitled to two-thirds of your damages.
How Can a Personal Injury Lawyer Help if I’m Being Blamed for an Accident?
An experienced personal injury lawyer understands comparative negligence laws. They also understand the tricks and tactics insurance companies use to blame accident victims unfairly to avoid paying claims.
An attorney can help you if you’re being blamed for an accident by:
- Conducting an independent investigation to determine the cause of the accident
- Gather evidence proving the other driver caused the crash
- Handle all communications with the insurance company
- Work with accident reconstructionists and other expert witnesses to prove you are not to blame
- Fight unfair allegations of comparative negligence during settlement negotiations and in court
Talking with a personal injury lawyer about your accident case is free. Before you talk with an insurance company, take advantage of a free consultation. It can help you protect your right to the money you deserve after being injured in a car accident.